Thought I was going to have to draw......

[revance]

It probably wasn't best to say anything about him getting shot, but then again hindsight is always 20/20 (not to mention having the benefit of not being stressed and scared).

As others said, everyone went home... sounds like a happy ending to me.

EDIT: oh yeah, and good thinking not answering his question about whether you were LE or not. You were doing nothing to impersonate, so there was no reason to correct him.

 

[eliteimagery]

Isin't it interesting to hear how quickly most respond when their taken out of their comfort zone, or put in their place!

 

[mettle]

Isin't it interesting to hear how quickly most respond when their taken out of their comfort zone, or put in their place!

Great point. Get off the 'X', or move into their attack.

 

[Boilers]

You did fine. You did file a report, right? How did that go?

I used THIS advice TONIGHT! I will not go into details since it's now an active case. Thanks for this post.

 

[DocGlock86]

First off thanks for all the reps and post. Means alot that I have the support from all of you.

You did fine. You did file a report, right? How did that go?

I did call the Police when I got home. I explained what happened they sent an officer out and I gave all the information to him and I filed a statement. You have to realize that I was approx 7 miles out from the house by the time I got home and called LE a good hour went by.

You didn't do anything wrong and they immediately complied and showed that there was some sense left in them. You probably scared the **** out of the stoner, who was likley going for his smokes (square print). Although coulda ben OC or stun gun robbery attempt.
Did you feel like you were being cased or walked up upon for some crime?
Did they look like stoners or tweakers? The latter would rob/kill/whatever the former was likely needing a light or a mountain dew and fritos.

It was a good non draw!

I have ran into alot of drunks and people on drugs at my work (Hospital Security). I know how they can go from happy go lucky to fist swinging in a moments time. Saying that I started getting nervous when he kept approaching me and put his hand in his pants. Like I said I saw a print, couldn't confirm if it was a gun or not but I wasn't going to take that chance. They came out of the woods, here I am in the middle of no where, to me a good place to rob someone.

It probably wasn't best to say anything about him getting shot, but then again hindsight is always 20/20 (not to mention having the benefit of not being stressed and scared).

As others said, everyone went home... sounds like a happy ending to me.

EDIT: oh yeah, and good thinking not answering his question about whether you were LE or not. You were doing nothing to impersonate, so there was no reason to correct him.

LOL. I know it probably wasn't the best idea to say I was going to shoot him but at that moment I wanted to put the fear of God in him and leave no doubt in his mind that if he didn't back off I was going to put him down. As far as not answering the LE question. I figured I might have a better chance walking away if he thought I could be a LEO instead of a citizen.

 

[Dryden]

Some good lessons here. It's scenarios like this (REAL), that are very useful in getting mentally prepared.
Thanks for sharing and I'm glad you're safe.

 

[IndyGunworks]

great job... it could have been an knife as well..... NOTHING wrong with judging the book by its cover.... your experience at the hospital has taught you to read people and you did just that.... i wouldnt have said anything about getting shot either... maybe say dont make me "escelate" this situation.... means the same thing but sounds better if you ended up shooting and going to court....

 

[haldir]

Terribly handled. You should have shot the little bastid and buried him in the woods :-)

You were wanting someone to flame you, so I couldn't resist.

 

[Buckaroo]

My rule of thumb, if I have my pistol I have my phone. That way I can call the clean-up crew or whoever I need to... Just my $.02

Buckaroo

 

[JBrockman]

You handled this perfectly, may have even caused this young man (after going home and changin" his shorts) to reconsider his choices he will be making in the future!

 

[roscott]

Nicely done.

And I would say good job on filing a police report. I did a report/study on citizens defending themselves, and very often an armed citizen that defends himself without firing a shot does not make a police report because they do not want the hassle, or potential lawsuit.

However, this makes it tough to get an accurate estimate of really how often law-abiding citizens use firearms to defend themselves.

So thumbs up on defending yourself, and thumbs up on making a report!

 

[dman424]

Hey, no one got hurt, that's all that matters. You did the right thing, and you didn't act stupid, which is very important!

 

[chasekerion4]

I'd say you handled this pretty well perfectly.

 

[Ripleydog]

I think that was a great move on your part!!!!

 

[cosermann]

I've seen a couple conflicting bits of advice on the forum. To wit, the above suggestions to "file a report" and the advice "not to talk to the police" unnecessarily. Having seen/heard some lawyers expound the latter course, it seems to make more sense to me.

 

[finity]

Everybody went home. Good job!

 

[kludge]

no weapons were seen. And there is no brandishing law in Indiana.

I'm no lawyer, but, just because the term "brandishing" isn't used doesn't mean there is no law against it.

"Pointing a firearm" is one term used and it is against the law, but can be justified if it is reasonable use of force.

"Intimidation" is the other term used. And using a firearm to communicate a threat is a felony - same as "brandishing" is other states.

IC 35-47-4-3
Pointing firearm at another person
Sec. 3. (a) This section does not apply to a law enforcement officer who is acting within the scope of the law enforcement officer's official duties or to a person who is justified in using reasonable force against another person under:
(1) IC 35-41-3-2; or
(2) IC 35-41-3-3.
(b) A person who knowingly or intentionally points a firearm at another person commits a Class D felony. However, the offense is a Class A misdemeanor if the firearm was not loaded.

IC 35-45-2-1
Intimidation
Sec. 1. (a) A person who communicates a threat to another person, with the intent:
(1) that the other person engage in conduct against the other person's will;
(2) that the other person be placed in fear of retaliation for a prior lawful act; or
(3) of causing:
(A) a dwelling, a building, or another structure; or
(B) a vehicle;
to be evacuated;
commits intimidation, a Class A misdemeanor.
(b) However, the offense is a:
(1) Class D felony if:
(A) the threat is to commit a forcible felony;
(B) the person to whom the threat is communicated:
(i) is a law enforcement officer;
(ii) is a judge or bailiff of any court;
(iii) is a witness (or the spouse or child of a witness) in any pending criminal proceeding against the person making the threat;
(iv) is an employee of a school corporation;
(v) is a community policing volunteer;
(vi) is an employee of a court;
(vii) is an employee of a probation department; or
(viii) is an employee of a community corrections program.
(C) the person has a prior unrelated conviction for an offense under this section concerning the same victim; or
(D) the threat is communicated using property, including electronic equipment or systems, of a school corporation or other governmental entity; and
(2) Class C felony if, while committing it, the person draws or uses a deadly weapon.
(c) "Threat" means an expression, by words or action, of an intention to:
(1) unlawfully injure the person threatened or another person, or damage property;
(2) unlawfully subject a person to physical confinement or restraint;
(3) commit a crime;
(4) unlawfully withhold official action, or cause such withholding;
(5) unlawfully withhold testimony or information with respect to another person's legal claim or defense, except for a reasonable claim for witness fees or expenses;
(6) expose the person threatened to hatred, contempt, disgrace, or ridicule;
(7) falsely harm the credit or business reputation of the person threatened; or
(8) cause the evacuation of a dwelling, a building, another structure, or a vehicle.

 

[DiamProducer]

Glad to see you made it out of the situation safe! Also glad to see you are not getting flamed for posting your real life encounter. As far as the mentioning shooting, being in that situation and the adrenaline I don't think any of us can actually say we wouldn't say that for sure. Well handled! Rep'd

 

[Mod96G]

The true test is whether you were in fear for your safety or your friends, and with what you perceived and wrote it sure sounds like you met that level of obligation! Good Job and everyone goes home in one piece.

 

[DocGlock86]

I'm no lawyer, but, just because the term "brandishing" isn't used doesn't mean there is no law against it.

"Pointing a firearm" is one term used and it is against the law, but can be justified if it is reasonable use of force.

"Intimidation" is the other term used. And using a firearm to communicate a threat is a felony - same as "brandishing" is other states.

I'm not sure I understand what you are saying but there was no firearm pointed at anyone. I didn't have to draw (thank God) and he didn't point a firearm at me either. He just invaded my personal space and for a moments time I was in fear of the safety of my buddy and I. I personally don't think it at I was trying to intimidate anyone. I was just trying to be proactive instead of reactive.